For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COST OF SELLING. Any cost of doing business applicable to marked or labeled merchandise other than the cost of the same or similar merchandise.
LABEL or MARK. Any visible sign on or in close proximity to the merchandise, that indicates the price of merchandise offered for public retail sale in the city, including samples of merchandise, pictures,
or drawings.
LIMITED DURATIONAL SALE. Those special and limited time offerings of merchandise at prices which are lower than those offered in the general course of business. Such a sale shall not exceed 30 days.
MERCHANDISE. Food or other commodity sold at retail for human or animal nourishment. MERCHANDISE shall not include any commodity imported into the state, as long as it remains in its original shipping package or form, is not sold by the importer, or is not incorporated and commingled with similar commodities and irrevocably committed to retail sale in the city.
MERCHANT. Any person who buys and sells merchandise, grows and sells, manufactures and sells, processes and sells, or any other person who sells merchandise for profit in the city.
PREVIOUSLY BEEN OFFERED FOR SALE. Only such merchandise as has actually been physically available for retail purchase, and not merchandise of the same class which has not been actually placed on the shelves or otherwise actually been made available for purchase. Merchandise not offered for sale within a six-month period shall not be construed to have been PREVIOUSLY OFFERED FOR SALE.
RETAIL or RETAIL ESTABLISHMENT. The direct sale of merchandise to the ultimate consumer or to the public generally.
SALE. Includes barter and exchange.
WHOLESALE. The sale of commodities in bulk to a retailer who, in turn, will offer the commodities to the ultimate consumer or to the public generally.
('69 Code, § 8A-33) (Ord. 395, passed 3-17-75)